McMahan Securities Co. v. Forum Capital Markets L.P.’s Empirical Analysis
35 F.3d 82 · 1994
Citation profile
23 federal appellate · 8 district · 16 state decisions
How this case has been cited
Cited by 83 later decisions — most recently November 2017 · most notably Simula, Inc. v. Autoliv, Inc. (1999), Leadertex, Inc. v. Morganton Dyeing & Finishing Corp. (1995)
23 federal appellate · 8 district · 16 state decisions — followed in 11 states
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Applies 15 U.S.C. § 78C (§ 3 of the Securities Exchange Act of 1934) · 15 U.S.C. § 78J (§ 10 of the Securities Exchange Act of 1934) · 9 U.S.C. § 16 (Federal Arbitration Act) · 9 U.S.C. § 3
Relies on Moses H. Cone Memorial Hospital v. Mercury Construction Corp. · Mitsubishi Motors Corporation v. Soler Chrysler-Plymouth Inc Soler Chrysler-Plymouth Inc · Volt Information Sciences Inc v. Board of Trustees of Leland Stanford Junior University · Dean Witter Reynolds Inc. v. Byrd · Shearson/American Express Inc. v. McMahon
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 83 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“"A person who is neither a member nor an associated person is nevertheless appropriately joined in the arbitration where that party plays an active role in the securities industry, is a signatory to a securities-industry arbitration agreement (or is an instrument of another party to the arbitration), and has voluntarily participated in the particular events giving rise to the controversy underlying the arbitration (citing case)." 35 F.3d 82 , 88 .”
6 later decisions quote this exact passage · from the majority“unless it may be said with positive assurance that the arbitration clause is not susceptible of an interpretation that covers the asserted dispute”
5 later decisions quote this exact passage · from the majority“between or among members and/or associated persons, and/or certain others.”
4 later decisions quote this exact passage · from the majority
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.